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AAMIR SHEIKH versus THE STATE


Section 497 Criminal Procedure (XLV of 1860), Section 409/420/468/471/109/34 Criminal breach of trust by a public servant, fraudulent and dishonest property use, fraudulent use of a false document as a forged document The conspiracy, the guarantee against the accused and its accomplices, the joint intention to bail, denied the allegation that they together with the accused received huge sums of money from several complainants in the name of the company's Guaranteed Income Policy. And promised him a monthly profit, all of which was paid to the complainant for two to three months, after which the company The office was closed (the Assistant Branch Manager of the company) was convicted by the police and investigating agencies for being involved in the case. ; The offense with which they were charged did not fall under the prohibited clause of Section 497, CR PC. That no special charges were made against him. That the lower court had already granted interim pre-arrest bail to the main accused in the case, and that the whole case against the accused was based on documentary evidence, which was in the possession of the prosecution and any possibility of tampering. was not. Similarly, if the accused was extended on bail, then the complainant had made payment to the accused and the co-accused through cross-check against which the accused issued written receipts of the said payments, which the complainant had signed. The recipient only received monthly profit for two or three months. The material on record only proved that the accused and the accompanying accused had joined hands with innocent people and society for millions of rupees.

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